SEVATI DEVI Vs. INDIRA DEVI

JUDGEMENT

(1.) The plaintiffs' suit for rendition, of, a declaratory decree, hence pronouncing, visf-vis, the registered testamentary disposition, as made by the deceased testator, on 15.9.2003, and, as, borne in Ext. D1, besides propounded, by, the defendants, becoming declared null and void, (a) and, also, the, further espoused declaratory decree, for setting aside, the, settlement deed, made by the deceased Nathu Ram, on 26.9.2003, became both decreed, under, the impugned verdict, recorded by the learned trial Court. Furthermore, the mutation(s), in consequence therewith, as, attested by the Revenue Officer concerned, were also, declared to be null and void, (b) thereonwards, the espoused decree, of, permanent prohibitory injunction was also rendered, vis-f-vis, the plaintiffs, and, against the defendants, (c) and wherethrough, the contesting litigants, were barred from changing the nature and possession of the suit property, upto occurrence, of a valid dis-memberment thereof, hence through metes and bounds.

(2.) The defendants, becoming aggrieved, therefrom, cast a challenge thereagainst, throughtheirs instituting the instant appeal, before this Court. The issue(s), appertaining to the validity, of, execution, of, Will, propounded, by the defendant, Will whereof, is, borne in Ext. D1, and also, vis-f-vis, validity, of execution, of, settlement deed, both whereof became, propounded by the defendants,and also became authored, hence, by the deceased Nathu Ram, hence, rather became serialized respectively, as issues No. 2, 3 and 5, and, thereon findings, vis-f-vis, the plaintiffs, became pronounced.

(3.) At the outset, upon, the testamentary disposition, executed, on 15.9.2003, by the deceased testator, and, as embodied in Ext. D-1, standing declared, to be validly and duly executed, hence by the deceased testator, (i) thereupon the validity, of, the subsequent thereto, executed settlement deed, rather also, may not require any adjudication being meted thereon. Primarily, hence, this Court, would delve into the reasons, assigned by the learned trial Judge, in his hence declaring, the, registered testamentary disposition, made by the deceased testator, Nathu Ram, and, as borne in Ext. D1, rather being void and nonest.